451 P.3d 1161
Wyo.2019Background
- May 2016: State filed neglect petition against Mother concerning BG (then 15) and two siblings; juvenile court adjudicated Mother neglectful and placed the children in Department of Family Services custody.
- Mother repeatedly failed to comply with her case plan; court found reunification efforts no longer required and pursued permanency via adoption/guardianship.
- While permanency efforts were ongoing, BG turned 18 and the juvenile court continued issuing custody/service orders without holding a statutorily required review at least six months before BG’s 18th birthday.
- Several months after BG’s 18th birthday the court held an emergency review, ordered BG to remain in DFS custody, and declared jurisdiction would continue until an adult guardianship was in place or BG turned 21.
- Mother appealed, arguing the juvenile court lost jurisdiction over BG when she turned 18 because the required pre‑18 review hearing never occurred.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the juvenile court lose jurisdiction over BG when BG turned 18? | Mother: §14‑3‑431(b) required a review hearing at least six months before BG turned 18; failure to hold it terminated court orders/jurisdiction on BG’s 18th birthday. | State: Prior review hearings and post‑majority orders directing care/services demonstrate the court effectively ordered services to continue, preserving jurisdiction. | The court lacked jurisdiction after BG turned 18 because §14‑3‑431(b) requires a review at least six months before 18; the belated post‑18 order could not revive jurisdiction; appellate court dismissed the action. |
Key Cases Cited
- In re L‑MHB, 431 P.3d 560 (Wyo. 2018) (review of jurisdiction de novo)
- In re MFB, 860 P.2d 1140 (Wyo. 1993) (statutory procedures must be followed to continue juvenile‑court jurisdiction)
- Barela v. State, 395 P.3d 665 (Wyo. 2017) (jurisdictional fundamentals; subject‑matter jurisdiction required)
- McCallister v. State ex rel. Dep’t of Workforce Servs., 440 P.3d 1078 (Wyo. 2019) (jurisdictional defects cannot be cured by waiver)
- In re WJH, 24 P.3d 1147 (Wyo. 2001) (juvenile courts have only legislatively conferred powers)
- Messer v. State, 96 P.3d 12 (Wyo. 2004) (orders rendered without jurisdiction are void)